Vietnam: One or several labor mediators may be assigned the mediation tasks

Recently, the Government of Vietnam has issued the Decree No 145/2020/NĐ-CP on elaboration of some articles of the Labor Code on working conditions and labor relations in Vietnam.

hòa giải viên lao động, Nghị định 145/2020/NĐ-CP

Specifically, according to Article 95 of the Decree No 145/2020/NĐ-CP of Vietnam’s Government, labor mediators shall be assigned to perform mediation tasks by provincial or district-level Departments of Labor, War Invalids and Social Affairs according to the regulations on management of labor mediators. Procedures for assigning labor mediators are specified as follows:

- A written request for settlement of labor dispute, vocational training contract dispute and assistance in development of labor relations shall be submitted to the provincial or district-level Department of Labor, War Invalids and Social Affairs or to a labor mediator. In case the request is directly received by a labor mediator, within 12 hours from the receipt of the application, the labor mediator shall transfer it to his/her supervisory provincial or district-level Department of Labor, War Invalids and Social Affairs (receiving authority) for classification.

- Within 05 working days from the receipt of the request, the receiving authority shall classify it and assign the mediation tasks as per regulations. In case the request is transferred from a labor mediator as prescribed in Point a of this Clause: Within 12 hours from the receipt of the request, the receiving authority shall issue a document on assignment of mediation tasks as per regulations.

Note: Labor, War Invalids and Social Affairs may assign the mediation tasks to one or several labor mediators.

View more details at the Decree No 145/2020/NĐ-CP of Vietnam’s Government, effective from February 01, 2021.

Le Vy

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